首页 体育正文

皇冠官网(www.hg108.vip):Apex court can act on written submissions without oral ones

admin 体育 2022-08-27 04:34:08 10 0

皇冠官网www.hg108.vip)是一个开放皇冠正网即时比分、皇冠官网注册的平台。皇冠官网(www.hg108.vip)提供最新皇冠登录,皇冠APP下载包含新皇冠体育代理、会员APP。

THE authorities are clear, and the lawyers are right. The Federal Court can make a ruling even if there are no submissions from former prime minister Najib Razak’s counsel.

Then Court of Appeal judge Abang Iskandar Abang Hashim in a 2018 case of Mohamad Salleh Ismail & Anor v Nurul Izzah Anwar & Anor said: “Submissions, whether they be oral or written, play an important role in assisting the court in appreciating the evidence and the legal principles in play in a case. But submissions, be they written or oral, are built upon the available evidence or materials already before the trial court. 

“They put into context the respective cases for the litigating parties and how they would present their perspectives in order to convince the court in order to get a favourable decision. No amount of submissions, be they written or oral, amount to evidence.

“There is therefore nothing in the submissions that the court did not already hear during the course of the trial. That said, there are no express legal provisions that have exalted the position of oral submission such that it must, without fail, be extended by the court to counsel in all cases.

“Rather, it would depend on the particular judge whether any submission needs to be filed by any party at the end of the whole case before a decision can be made. In some cases, the need for any submissions may not be relevant at all. 

,

usdt公开api接口www.trc20.vip)是使用TRC-20协议的Usdt第三方支付平台,Usdt收款平台、Usdt自动充提平台。免费提供入金通道、Usdt钱包支付接口、Usdt自动充值接口、Usdt寄售回收。菜宝Usdt钱包一键生成Usdt钱包、一键调用API接口、一键出售Usdt。

,

“Indeed, even after directing parties to file written submissions and for them to submit orally, there is nothing to prevent the court from changing its mind and to proceed on only the written submissions to decide even without the ‘benefit’ of reading written submissions or hearing oral submissions.

“In short, it would suffice for the court to act on written submissions only, in the absence of oral submission. Indeed, they may amplify the effect of the application of certain legal principles which may be in play. As such, nothing much can turn on the lack of oral submissions having been heard from both counsel before the learned trial judge came up with her decision.”

With such clarity, there is no more succinct statement on the legal position. 

Abang Iskandar Abang Hashim is currently Chief Judge of Sabah and Sarawak and one of the five judges in the panel of the apex court panel hearing the final appeal of Najib in the SRC International Sdn Bhd case. – August 21, 2022.

* Hafiz Hassan reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.


转载说明:本文转载自Sunbet。
版权声明

本文仅代表作者观点,不代表本站立场。
本文系作者授权发表,未经许可,不得转载。

发表评论

评论列表(0人评论 , 10人围观)
☹还没有评论,来说两句吧...

热门标签

    此处不必修改,程序自动调用!